7 U.S.C. § 1334 — Apportionment of national acreage allot-

Page 623 TITLE 7—AGRICULTURE § 1334 ment for each crop of wheat. See Effective and Termi- nation Dates of 1985 Amendment note below. 1965—Pub. L. 89–321 substituted projected national yield for expected yield in the determination of the basis to be used in arriving at the national acreage al- lotment, inserted limiting parenthetical reference to acreage other than that harvested because of program incentives, and struck out references to expected pro- duction on the increases in acreage allotments for farms based upon small-farm base acreages pursuant to section 1335 of this title and to the expected production on the increased acreages resulting from the small- farm exemption pursuant to section 1335 of this title. 1962—Pub. L. 87–703 substituted provision for procla- mation of a national acreage allotment at the time of proclamation of the national marketing quota in an amount that would be the number of acres which on the basis of expected yields would, together with the ex- pected production on increases in acreage allotments for small farms and on increased acreages resulting from the small-farm exemption, make available a sup- ply equal to the national marketing quota for provision for determination of the national acreage allotment as such acreage as on the basis of the national average yield would produce an amount, which, with estimated carryover and imports, would make available a supply equal to a normal year’s domestic consumption and ex- ports plus 30 per centum and prescribing a national acreage allotment for wheat for 1938 at sixty-two mil- lion five hundred thousand acres and for any year at not less than fifty-five million acres. 1948—Act July 3, 1948, required the Secretary to take imports into consideration in determining acreage al- lotments for the purposes of marketing quotas. 1939—Act July 26, 1939, amended last sentence. 1938—Act June 20, 1938, inserted last sentence. Statutory Notes and Related Subsidiaries EFFECTIVE AND TERMINATION DATES OF 1985 AMENDMENT Pub. L. 99–198, title III, § 303, Dec. 23, 1985, 99 Stat. 1379, provided that the amendment made by that sec- tion is effective only for the 1987 through 1990 crops of wheat. EFFECTIVE DATE OF 1965 AMENDMENT Amendment by Pub. L. 89–321 effective beginning with crop planted for harvest in calendar year 1966, see section 501 of Pub. L. 89–321, set out as a note under sec- tion 1332 of this title. EFFECTIVE DATE OF 1962 AMENDMENT Amendment by Pub. L. 87–703 effective only with re- spect to programs applicable to crops planted for har- vest in calendar year 1964 or any subsequent year and marketing years beginning in calendar year 1964, or any subsequent year, see section 323 of Pub. L. 87–703, set out as a note under section 1301 of this title. EFFECTIVE DATE OF 1948 AMENDMENT Amendment by act July 3, 1948, effective Jan. 1, 1950, see section 303 of act July 3, 1948, set out as a note under section 1301 of this title. INAPPLICABILITY OF SECTION Section inapplicable to 2014 through 2018 crops of cov- ered commodities, cotton, and sugar and inapplicable to milk during period beginning Feb. 7, 2014, through Dec. 31, 2018, see section 9092(a)(1) of this title. Section inapplicable to 2008 through 2012 crops of cov- ered commodities, peanuts, and sugar and inapplicable to milk during period beginning June 18, 2008, through Dec. 31, 2012, see section 8782(a)(1) of this title. Section inapplicable to 2002 through 2007 crops of cov- ered commodities, peanuts, and sugar and inapplicable to milk during period beginning May 13, 2002, through Dec. 31, 2007, see section 7992(a)(1) of this title. Section inapplicable to 1996 through 2001 crops of loan commodities, peanuts, and sugar and inapplicable to milk during period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see section 7301(a)(1)(A) of this title. Section inapplicable to 1991 through 1995 crops of wheat, see section 303 of Pub. L. 101–624, set out as a note under section 1331 of this title. Section inapplicable to 1986 crop of wheat, see section 310(a) of Pub. L. 99–198, set out as a note under section 1332 of this title. Section inapplicable to 1982 through 1985 crops of wheat, see section 303 of Pub. L. 97–98, set out as a note under section 1331 of this title. Section inapplicable to 1978 through 1981 crops of wheat, see section 404 of Pub. L. 95–113, set out as a note under section 1331 of this title. Pub. L. 91–524, title IV, § 404(2), Nov. 30, 1970, 84 Stat. 1366, as amended by Pub. L. 93–86, § 1(11), Aug. 10, 1973, 87 Stat. 229, provided that this section is not applicable to 1972 through 1977 crops of wheat. 1965 CROP ACREAGE ALLOTMENT Proclamation of a national acreage allotment for 1965 crop of wheat that will make available an adequate supply of wheat but shall not be less than forty-nine million five hundred thousand acres, see section 201 of Pub. L. 88–297, set out as a note under section 1332 of this title. § 1334. Apportionment of national acreage allot- ment (a) Apportionment among States; special acreage reserve The national allotment for wheat, less a re- serve of not to exceed 1 per centum thereof for apportionment as provided in this subsection and less the special acreage reserve provided for in this subsection, shall be apportioned by the Secretary among the States on the basis of the preceding year’s allotment for each such State, including all amounts allotted to the State and including for 1967 the increased acreage in the State allotted for 1966 under section 1335 of this title, adjusted to the extent deemed necessary by the Secretary to establish a fair and equi- table apportionment base for each State, taking into consideration established crop rotation practices, estimated decrease in farm allot- ments because of loss of history, and other rel- evant factors. The reserve acreage set aside herein for apportionment by the Secretary shall be used (1) to make allotments to counties in ad- dition to the county allotments made under sub- section (b) of this section, on the basis of the relative needs of counties for additional allot- ments because of reclamation and other new areas coming into production of wheat, or (2) to increase the allotment for any county, in which wheat is the principal grain crop produced, on the basis of its relative need for such increase if the average ratio of wheat acreage allotment to cropland on old wheat farms in such county is less by at least 20 per centum than such average ratio on old wheat farms in an adjoining county or counties in which wheat is the principal grain crop produced or if there is a definable contig- uous area consisting of at least 10 per centum of the cropland acreage in such county in which the average ratio of wheat acreage allotment to cropland on old wheat farms is less by at least 20 per centum than such average ratio on the re- maining old wheat farms in such county, pro- vided that such low ratio of wheat acreage allot- Page 624 TITLE 7—AGRICULTURE § 1334 ment to cropland is due to the shift prior to 1951 from wheat to one or more alternative income- producing crops which, because of plant disease or sustained loss of markets, may no longer be produced at a fair profit and there is no other al- ternative income-producing crop suitable for production in the area or county. The increase in the county allotment under clause (2) of the preceding sentence shall be used to increase al- lotments for old wheat farms in the affected area to make such allotments comparable with those on similar farms in adjoining areas or counties but the average ratio of increased al- lotments to cropland on such farms shall not ex- ceed the average ratio of wheat acreage allot- ment to cropland on old wheat farms in the ad- joining areas or counties. There also shall be made available a special acreage reserve of not in excess of one million acres as determined by the Secretary to be desirable for the purposes hereof which shall be in addition to the national acreage reserve provided for in this subsection. Such special acreage reserve shall be made available to the States to make additional allot- ments to counties on the basis of the relative needs of counties, as determined by the Sec- retary, for additional allotments to make ad- justments in the allotments on old wheat farms (that is, farms on which wheat has been seeded or regarded as seeded to one or more of the three crops immediately preceding the crop for which the allotment is established) on which the ratio of wheat acreage allotment to cropland on the farm is less than one-half the average ratio of wheat acreage allotment to cropland on old wheat farms in the county. Such adjustments shall not provide an allotment for any farm which would result in an allotment-cropland ratio for the farm in excess of one-half of such county average ratio and the total of such ad- justments in any county shall not exceed the acreage made available therefor in the county. Such apportionment from the special acreage re- serve shall be made only to counties where wheat is a major income-producing crop, only to farms on which there is limited opportunity for the production of an alternative income-pro- ducing crop, and only if an efficient farming op- eration on the farm requires the allotment of additional acreage from the special acreage re- serve. For the purposes of making adjustments hereunder the cropland on the farm shall not in- clude any land developed as cropland subsequent to the 1963 crop year. (b) Apportionment among counties The State acreage allotment for wheat, less a reserve of not to exceed 3 per centum thereof for apportionment as provided in subsection (c) of this section, shall be apportioned by the Sec- retary among the counties in the State, on the basis of the preceding year’s wheat allotment in each such county, including for 1967 the in- creased acreage in the county allotted for 1966 pursuant to section 1335 of this title, adjusted to the extent deemed necessary by the Secretary in order to establish a fair and equitable apportion- ment base for each county, taking into consider- ation established crop rotation practices, esti- mated decrease in farm allotments because of loss of history, and other relevant factors. (c) Apportionment among farms; overplanted al- lotments; reductions; notice (1) The allotment to the county shall be appor- tioned by the Secretary, through the local com- mittees, among the farms within the county on the basis of past acreage of wheat, tillable acres, crop-rotation practices, type of soil, and topog- raphy. Not more than 3 per centum of the State allotment shall be apportioned to farms on which wheat has not been planted during any of the three marketing years immediately pre- ceding the marketing year in which the allot- ment is made. For the purpose of establishing farm acreage allotments—(i) the past acreage of wheat on any farm for 1958 or 1965 shall be the base acreage determined for the farm under the regulations issued by the Secretary for deter- mining 1958 or 1965 farm wheat acreage allot- ments; (ii) if subsequent to the determination of such base acreage the 1958 or 1965 wheat acreage allotment for the farm is increased through ad- ministrative, review, or court proceedings, the 1958 or 1965 farm base acreage shall be increased in the same proportion; and (iii) the past acre- age of wheat for 1959 and any subsequent year except 1965 shall be the wheat acreage on the farm which is not in excess of the farm wheat acreage allotment, plus, in the case wheat acre- age on the farm which is not in excess of wheat acreage allotment, the acreage diverted under such wheat allotment programs: Provided, That for 1959 and subsequent years in the case of any farm on which the entire amount of the farm marketing excess is delivered to the Secretary or stored in accordance with applicable regula- tions to avoid or postpone payment of the pen- alty, the past acreage of wheat for the year in which such farm marketing excess is so deliv- ered or stored shall be the farm base acreage of wheat determined for the farm under the regula- tions issued by the Secretary for determining farm wheat acreage allotments for such year, but if any part of the amount of wheat so stored is later depleted and penalty becomes due by reason of such depletion, for the purpose of es- tablishing farm wheat acreage allotments subse- quent to such depletion the past acreage of wheat for the farm for the year in which the ex- cess was produced shall be reduced to the farm wheat acreage allotment for such year. (2) Notwithstanding any other provision of law, each old or new farm acreage allotment for the 1962 crop of wheat as determined on the basis of a minimum national acreage allotment of fifty-five million acres shall be reduced by 10 per centum. In the event notices of farm acreage allotments for the 1962 crop of wheat have been mailed to farm operators prior to the effective date of this subparagraph (2), new notices show- ing the required reduction shall be mailed to farm operators as soon as practicable. (3) Notwithstanding the provisions of para- graph (1) of this subsection, the past acreage of wheat for 1967 and any subsequent year shall be the acreage of wheat planted, plus the acreage regarded as planted, for harvest as grain on the farm which is not in excess of the farm acreage allotment. (4) Notwithstanding any other provision of this subsection (c), the farm acreage allotment for the 1967 and any subsequent crop of wheat Page 625 TITLE 7—AGRICULTURE § 1334 shall be established for each old farm by appor- tioning the county wheat acreage allotment among farms in the county on which wheat has been planted, or is considered to have been planted, for harvest as grain in any one of the three years immediately preceding the year for which allotments are determined on the basis of past acreage of wheat and the farm acreage al- lotment for the year immediately preceding the year for which the allotment is being estab- lished, adjusted as hereinafter provided. For purposes of this paragraph, the acreage allot- ment for the immediately preceding year may be adjusted to reflect established crop-rotation practices, may be adjusted downward to reflect a reduction in the tillable acreage on the farm, and may be adjusted upward to reflect such other factors as the Secretary determines should be considered for the purpose of estab- lishing a fair and equitable allotment: Provided, That (i) for the purposes of computing the allot- ment for any year, the acreage allotment for the farm for the immediately preceding year shall be decreased by 7 per centum if for the year im- mediately preceding the year for which such re- duction is made neither a voluntary diversion program nor a voluntary certificate program was in effect and there was noncompliance with the farm acreage allotment for such year; (ii) for purposes of clause (i), any farm on which the en- tire amount of farm marketing excess is deliv- ered to the Secretary, stored, or adjusted to zero in accordance with applicable regulations to avoid or postpone payment of the penalty when farm marketing quotas are in effect, shall be considered in compliance with the allotment, but if any part of the amount of wheat so stored is later depleted and penalty becomes due by reason of such depletion, the allotment for such farm next computed after determination of such depletion shall be reduced by reducing the allot- ment for the immediately preceding year by 7 per centum; and (iii) for purposes of clause (i) if the Secretary determines that the reduction in the allotment does not provide fair and equi- table treatment to producers on farms following special crop rotation practices, he may modify such reduction in the allotment as he deter- mines to be necessary to provide fair and equi- table treatment to such producers. (d) Repealed. Pub. L. 89–321, title V, § 501(6), Nov. 3, 1965, 79 Stat. 1201 (e) Increase in acreage allotments and marketing quotas for class II durum wheat If, with respect to the 1962 and 1963 crops of wheat, the Secretary determines that the acre- age allotments of farms producing durum wheat are inadequate to provide for the production of a sufficient quantity of durum wheat to satisfy the demands therefor (but not including export demand involving a subsidy by, or a loss to, the Federal Government), he shall increase the farm marketing quotas and acreage allotments for such crop of wheat for farms located in counties in the States of North Dakota, Minnesota, Mon- tana, South Dakota, and California, designated by the Secretary as counties which (1) are capa- ble of producing durum wheat (class II), and (2) have produced such wheat for commercial food products during one or more of the five years immediately preceding the year in which such crop is harvested. The Secretary shall determine the percentage factor by which the average acre- age of durum wheat (class II) produced during the last two-year period for which statistics are available (excluding any increases in durum wheat acreage as a result of increases in wheat acreage allotments authorized by this sub- section) must be increased to satisfy such de- mand. The wheat acreage allotment for any farm established for such crop without regard to this subsection, after reduction in the case of the 1962 crop as required by subsection (c)(2) (hereinafter referred to as the ‘‘original allot- ment’’), shall be increased by an acreage com- puted by multiplying the average acreage of durum wheat (class II) on the farm during such two-year period (excluding any increase in the acreage of durum wheat as a result of an in- crease in the wheat acreage allotment for the farm authorized by this subsection) by such per- centage factor: Provided, That such increased al- lotment shall not exceed the cropland on the farm well suited to wheat. The increase in the wheat acreage allotment for any farm shall be conditioned upon the production of an acreage of durum wheat (class II) at least equal to the average acreage of such wheat produced during such two-year period plus the number of acres by which the allotment is increased. Any in- creases in wheat acreage allotments authorized by this subsection shall be in addition to the Na- tional, State, and county wheat acreage allot- ments, and such increases shall not be consid- ered in establishing future State, county, and farm allotments. The provisions of sections 1326(b) and 1340(6) of this title, relating to the re- duction of the storage amount of wheat shall apply to the allotment for the farm established without regard to this subsection and not to the increased allotment under this subsection. As used in this subsection the term ‘‘durum wheat’’ means durum wheat (class II) other than the va- rieties known as ‘‘Golden Ball’’ and ‘‘Peliss’’. Any farm receiving an increased allotment under this subsection shall not be required as a condition of eligibility for price support, or per- mitted, to participate in the special 1962 wheat program formulated under section 124 of the Ag- ricultural Act of 1961, or section 307 of the Food and Agriculture Act of 1962. The Secretary shall give growers and millers of durum wheat and manufacturers of semolina products an oppor- tunity to present their views and recommenda- tions, prior to making any determination here- under. (f) Voluntary surrender of acreage allotment Any part of any 1955, 1956, or 1957 farm wheat acreage allotment on which wheat will not be planted and which is voluntarily surrendered to the county committee shall be deducted from the allotment to such farm and may be reappor- tioned by the county committee to other farms in the same county receiving allotments in amounts determined by the county committee to be fair and reasonable on the basis of past acreage of wheat tillable acres, crop rotation practices, type of soil, and topography. If all of the allotted acreage voluntarily surrendered is not needed in the county, the county committee Page 626 TITLE 7—AGRICULTURE § 1334 may surrender the excess acreage to the State committee to be used for the same purposes as the State acreage reserve under subsection (c) of this section. Any allotment transferred under this provision shall be regarded for the purposes of subsection (c) of this section as having been planted on the farm from which transferred rather than on the farm to which transferred, except that this shall not operate to make the farm from which the allotment was transferred eligible for an allotment as having wheat plant- ed thereon during the three-year base period: Provided, That notwithstanding any other provi- sions of law, any part of any 1955, 1956, or 1957 farm acreage allotment may be permanently re- leased in writing to the county committee by the owner and operator of the farm, and reappor- tioned as provided herein. Acreage surrendered, reapportioned under this subsection, and plant- ed shall be credited to the State and county in determining future acreage allotments. (g) Plantings in excess of allotments or where no allotment is established Notwithstanding any other provision of law, no acreage in the commercial wheat-producing area seeded to wheat for harvest as grain in 1958 or thereafter except 1965 in excess of acreage al- lotments shall be considered in establishing fu- ture State and county acreage allotments. The planting on a farm in the commercial wheat- producing area of wheat of the 1958 or any subse- quent crop for which no farm wheat acreage al- lotment was established shall not make the farm eligible for an allotment as an old farm pursuant to the first sentence of subsection (c) of this section nor shall such farm by reason of such planting be considered ineligible for an al- lotment as a new farm under the second sen- tence of such subsection. (h) Omitted (i) Increase in acreage allotments for any kind of wheat in short supply; storage reduction and land-use provisions inapplicable to such wheat If, with respect to any crop of wheat, the Sec- retary finds that the acreage allotments of farms producing any type of wheat are inad- equate to provide for the production of a suffi- cient quantity of such type of wheat to satisfy the demand therefor, the wheat acreage allot- ment for such crop for each farm located in a county designated by the Secretary as a county which (1) is capable of producing such type of wheat, and (2) has produced such type of wheat for commercial food products during one or more of the five years immediately preceding the year in which such crop is harvested, shall be increased by such uniform percentage as he deems necessary to provide for such quantity. No increase shall be made under this subsection in the wheat acreage allotment of any farm for any crop if any wheat other than such type of wheat is planted on such farm for such crop. Any increases in wheat acreage allotments au- thorized by this subsection shall be in addition to the National, State, and county wheat acre- age allotments, and such increases shall not be considered in establishing future State, county, and farm allotments. The provisions of sections 1326(b) and 1340(6) of this title, relating to the re- duction of the storage amount of wheat shall apply to the allotment for the farm established without regard to this subsection and not to the increased allotment under this subsection. The land-use provisions of section 1339 of this title shall not be applicable to any farm receiving an increased allotment under this subsection and the producers on such farms shall not be re- quired to comply with such provisions as a con- dition of eligibility for price support. (j) Increased durum wheat acreage allotments to Tulelake area, California, for 1970 and subse- quent years; factors determinative; effect of increased allotments on marketing alloca- tions and diversion payments Notwithstanding any other provision of this chapter, the Secretary shall increase the acre- age allotments for the 1970 and subsequent crops of wheat for privately owned farms in the irri- gable portion of the area known as the Tulelake division of the Klamath project of California lo- cated in Modoc and Siskiyou Counties, Cali- fornia, as defined by the United States Depart- ment of the Interior, Bureau of Reclamation, and hereinafter referred to as the area. The in- crease for the area for each such crop shall be determined by adding, to the extent applications are made therefor, to the total allotments estab- lished for privately owned farms in the area for the particular crop without regard to this sub- section (hereinafter referred to as the original allotments) an acreage sufficient to make avail- able for each such crop a total allotment of twelve thousand acres for the area. The addi- tional allotments made available by this sub- section shall be in addition to the National, State, and county allotments otherwise estab- lished under this section, and the acreage plant- ed to wheat pursuant to such increases in allot- ments shall not be taken into account in estab- lishing future State, county, and farm acreage allotments except as may be desirable in pro- viding increases in allotments for subsequent years under this subsection for the production of Durum wheat. The Secretary shall apportion the additional allotment acreage made available under this subsection between Modoc and Siskiyou Counties on the basis of the relative needs for additional allotments for the portion of the area in each county. The Secretary shall allot such additional acreage to individual farms in the area for which applications for increased acreages are made on the basis of tillable acres, crop rotation practices, type of soil and topog- raphy, and the original allotment for the farm, if any. The increase in the wheat acreage allot- ment for any farm under this subsection (1) shall not be taken into account in computing the farm wheat marketing allocation under sec- tion 1379b of this title, and (2) shall be condi- tioned upon the production of Durum wheat on the original allotment and on the increased acreage. The producers on a farm receiving an increased allotment under this subsection shall not be eligible for diversion payments under sec- tion 1339 of this title. (k) Transfer of farm wheat acreage allotments in case of natural disasters Notwithstanding any other provision of this chapter, if the Secretary determines that be- Page 627 TITLE 7—AGRICULTURE § 1334 cause of a natural disaster a portion of the farm wheat acreage allotments in a county cannot be timely planted or replanted, he may authorize the transfer of all or a part of the wheat acreage allotment for any farm in the county so affected to another farm in the county or in an adjoining county on which one or more of the producers on the farm from which the transfer is to be made will be engaged in the production of wheat and will share in the proceeds thereof, in accordance with such regulations as the Secretary may pre- scribe. Any farm allotment transferred under this subsection shall be deemed to be planted on the farm from which it was transferred for the purposes of acreage history credits under this chapter. (Feb. 16, 1938, ch. 30, title III, § 334, 52 Stat. 53; Apr. 7, 1938, ch. 107, § 7, 52 Stat. 203; Feb. 6, 1942, ch. 44, § 2, 56 Stat. 52; July 14, 1953, ch. 194, § 1, 67 Stat. 151; Jan. 30, 1954, ch. 2, § 4, 68 Stat. 6; Aug. 28, 1954, ch. 1041, title III, § 308, 68 Stat. 903; Feb. 19, 1955, ch. 8, 69 Stat. 9; Mar. 16, 1956, ch. 86, 70 Stat. 50; May 28, 1956, ch. 327, title III, § 301, 70 Stat. 203; Aug. 7, 1956, ch. 1030, § 2, 70 Stat. 1117; Pub. L. 85–13, Apr. 2, 1957, 71 Stat. 10; Pub. L. 85–203, § 2, Aug. 28, 1957, 71 Stat. 477; Pub. L. 85–366, Apr. 4, 1958, 72 Stat. 78; Pub. L. 85–390, May 1, 1958, 72 Stat. 101; Feb. 16, 1938, ch. 30, title III, § 378(d), as added Pub. L. 85–835, title V, § 501, Aug. 28, 1958, 72 Stat. 996; Pub. L. 86–385, Feb. 20, 1960, 74 Stat. 4; Pub. L. 86–419, Apr. 9, 1960, 74 Stat. 39; Pub. L. 87–128, title I, §§ 121, 125, Aug. 8, 1961, 75 Stat. 296, 300; Pub. L. 87–357, Oct. 4, 1961, 75 Stat. 778; Pub. L. 87–703, title III, §§ 308(a), 313, Sept. 27, 1962, 76 Stat. 618, 620; Pub. L. 88–64, July 17, 1963, 77 Stat. 79; Pub. L. 88–297, title II, § 202(1)–(5), Apr. 11, 1964, 78 Stat. 178, 179; Pub. L. 89–321, title V, § 501(3)–(7), Nov. 3, 1965, 79 Stat. 1199–1201; Pub. L. 90–243, Jan. 2, 1968, 81 Stat. 781; Pub. L. 91–220, Mar. 31, 1970, 84 Stat. 86; Pub. L. 99–198, title III, § 304, Dec. 23, 1985, 99 Stat. 1379.) Editorial Notes REFERENCES IN TEXT Section 124 of the Agricultural Act of 1961, referred to in subsec. (e), is section 124 of Pub. L. 87–128 which was set out below. Section 307 of the Food and Agriculture Act of 1962, referred to in subsec. (e), is section 307 of Pub. L. 87–703 which was set out below. CODIFICATION For omission of subsec. (h), see 1963 Amendment note below. AMENDMENTS 1985—Pub. L. 99–198, in amending section generally, temporarily substituted ‘‘Farm marketing quotas’’ for ‘‘Apportionment of national acreage allotment’’ in sec- tion catchline. See Effective and Termination Dates of 1985 Amendment note below. Subsec. (a). Pub. L. 99–198 amended subsec. (a) gen- erally, temporarily substituting provisions requiring the Secretary to establish, for each crop of wheat for which a national marketing quota under section 1332 of this title has been proclaimed, a farm marketing quota for each farm on which wheat was planted, or consid- ered planted, for harvest during the base period for pro- visions which required the Secretary to apportion the national acreage allotment for wheat, less a national acreage reserve and a special reserve which were pro- vided for herein, among the States on the basis of each State’s allotment for the preceding year, adjusted to the extent deemed necessary by the Secretary to estab- lish a fair and equitable apportionment base for each State. See Effective and Termination Dates of 1985 Amendment note below. Subsec. (b). Pub. L. 99–198 amended subsec. (b) gen- erally, temporarily substituting provisions establishing a formula for determination of the farm marketing quota for provisions which required the Secretary to apportion each State’s acreage allotment for wheat among the counties of the State, less a reserve not to exceed 3 per centum thereof, on the basis of the pre- ceding year’s wheat allotment in each such county, ad- justed to the extent deemed necessary by the Secretary in order to establish a fair and equitable apportionment base for each county. See Effective and Termination Dates of 1985 Amendment note below. Subsec. (c). Pub. L. 99–198 amended subsec. (c) gen- erally, temporarily substituting provisions defining the circumstances under which wheat shall be considered to have been planted for harvest on the farm in any crop year for provisions relating to the apportionment among farms of each county’s allotment under this sec- tion. See Effective and Termination Dates of 1985 Amendment note below. Subsec. (d). Pub. L. 99–198, in amending section gen- erally, temporarily added subsec. (d). Subsecs. (e) to (k). Pub. L. 99–198, in amending sec- tion generally, temporarily struck out subsecs. (e) to (k) as follows: Subsec. (e) related to increase in acreage allot- ments and marketing quotas for class II durum wheat. Subsec. (f) related to voluntary surrender of acre- age allotments for 1955, 1956, and 1957 crops of wheat. Subsec. (g) related to plantings in excess of allot- ments or where no allotment was established, in the case of 1958 and subsequent crops of wheat. Subsec. (h). There is no subsec. (h) for 1964 and sub- sequent crop years. Subsec. (h) was omitted pursuant to the 1963 amendment to this section by Pub. L. 88–64. See 1963 Amendments note set out under this section. Subsec. (i) related to an increase in acreage allot- ments for any kind of wheat in short supply, and enu- merated provisions of law inapplicable to such wheat. Subsec. (j) related to increased durum wheat acre- age allotments to the Tulelake area in California for 1970 and subsequent crops of wheat. Subsec. (k) related to transfer of farm wheat acre- age allotments in case of natural disasters. See Effective and Termination Dates of 1985 Amend- ment note below. 1970—Subsec. (j). Pub. L. 91–220 removed the 1963 deadline on the Secretary’s power to increase acreage allotments, empowering him to do so for the 1970 and subsequent wheat crops, made the area increase for each crop determinable, among other factors, by the extent to which applications are received therefor, re- moved requirement that acreage planted to wheat pur- suant to increased allotments be considered in estab- lishing future state, county and farm acreage allot- ments except where such consideration may be desir- able in providing increased allotments for production of Durum wheat in subsequent years, conditioned wheat acreage allotments upon the production of Durum wheat on the original and increased acreage al- lotment, prohibited consideration of the increased acreage allotment in computing the farm wheat mar- keting allocation under section 1379b of this title, made producers on farms receiving increased allotments in- eligible for diversion payments under section 1339 of this title, and struck out provisions prohibiting such producers from receiving price support, provisions making land use rules of section 1339 of this title inap- plicable to farms receiving additional allotments, and provisions relating to 1962 and 1963 wheat crops. 1968—Subsec. (a). Pub. L. 90–243 inserted provisions allowing the Secretary to make additional use, with specified limitations, of the 1 percent national wheat Page 628 TITLE 7—AGRICULTURE § 1334 acreage allotment reserve in counties which have wheat as the principal grain crop, an average ratio of wheat acreage allotment to cropland on old wheat farms at least 20 percent below that in an adjoining county or alternative ratio, a low ratio caused by a shift prior to 1951 from wheat to an alternative crop or crops which have become unprofitable because of plant disease or sustained loss of markets, and no alternative income-producing crop. 1965—Subsec. (a). Pub. L. 89–321, § 501(3), substituted the preceding year’s allotment for the acreage seeded for the production of wheat over the preceding ten-year period as the basis for determining the state’s appor- tioned share of the national acreage allotment and made provision for a special acreage reserve to be ap- portioned only to counties where wheat is a major in- come-producing crop. Subsec. (b). Pub. L. 89–321, § 501(4), substituted the county’s allotment covering the preceding year for the acreage seeded for the production of wheat during the ten calendar years immediately preceding the calendar year in which the national acreage allotment is deter- mined as the basis for determining the county’s allot- ment. Subsec. (c)(3), (4). Pub. L. 89–321, § 501(5), added pars. (3) and (4). Subsec. (d). Pub. L. 89–321, § 501(6), repealed subsec. (d) dealing with farms on which the entire amount of the farm marketing excess has been delivered to the Sec- retary or stored in accordance with applicable provi- sions. Subsec. (g). Pub. L. 89–321, § 501(7), struck out ‘‘except as prescribed in the provisos to the first sentence of subsections (a) and (b) respectively of this section’’ after ‘‘county acreage allotments.’’ 1964—Subsec. (a). Pub. L. 88–297, § 202(1), provided (1) for the apportionment among the States of the na- tional acreage allotment for wheat less the special acreage reserve; (2) that in establishing State acreage allotments, the acreage seeded for the production of wheat plus the acreage diverted for 1965 for any farm shall be the base acreage of wheat determined for the farm under regulations for determining farm wheat acreage allotments for 1965; and (3) beginning with the 1965 crop, a special acreage reserve and uses of such re- serve and apportionment to counties of such reserve. Subsec. (b). Pub. L. 88–297, § 202(2), provided that in establishing county acreage allotments, the acreage seeded for the production of wheat plus the acreage di- verted for 1965 for any farm shall be the base acreage of wheat determined for the farm under regulations for determining farm wheat acreage allotments for 1965. Subsec. (c)(1). Pub. L. 88–297, § 202(3), inserted in third sentence, cls. (i) and (ii), ‘‘or 1965’’ after ‘‘1958’’ wher- ever appearing and in third sentence, cl. (iii), ‘‘except 1965’’ after ‘‘any subsequent year.’’ Subsec. (g). Pub. L. 88–297, § 202(4), inserted in first sentence ‘‘except 1965’’ after ‘‘in 1958 or thereafter’’. Subsec. (k). Pub. L. 88–297, § 202(5), added subsec. (k). 1963—Subsec. (h). There is no subsec. (h) for 1964 and Subsequent Wheat Crops. Pub. L. 87–703, § 313(2), redes- ignated former subsec. (i) (so designated through the 1963 Wheat Crop) as (h). Pub. L. 88–64, § 1(a), redesig- nated former subsec. (i) (so designated through the 1963 Wheat Crop) as (j). Subsec. (i). Pub. L. 88–64, § 1(a), redesignated former subsec. (i) (so designated through the 1963 Wheat Crop) as (j). Pub. L. 87–703, § 313(4), added subsec. (i) (effective with the 1964 Wheat Crop). See 1962 Amendment note hereunder. Subsec. (j). Pub. L. 88–64 redesignated former subsec. (i) (so designated through the 1963 Wheat Crop) as (j), inserted ‘‘privately owned’’ before ‘‘farms’’ in first and second sentences and increased from eight to twelve thousand acres the total acreage allotment for each crop. 1962—Subsec. (e). Pub. L. 87–703, §§ 308(a), 313(1), in- serted provision respecting participation in the special wheat program formulated under section 307 of the Food and Agriculture Act of 1962 and substituted ‘‘the 1962 and 1963 crops’’ for ‘‘any of the 1962, 1963, and 1964 crops’’, respectively. Subsec. (g). Pub. L. 87–703, § 313(2), redesignated former subsec. (h) as (g). Former subsec. (g), which re- lated to weather conditions, underplanting, and sub- normal production affecting acreage allotments, was repealed by such section 313(2). See section 1377 of this title. Subsec. (h). Pub. L. 87–703, § 313 (2), (3), redesignated former subsec. (i) as (h) and inserted the sentence ‘‘The land-use provisions of section 1339 of this title shall not be applicable to any farm receiving an additional allot- ment under this subsection.’’ Former subsec. (h) redes- ignated (g). See Effective Date of 1962 Amendment note below making the changes effective with the 1964 Wheat Crop. Pub. L. 88–64, § 1(a), redesignated former subsec. (i) (so designated through the 1963 Wheat Crop) as (j). There is no subsec. (h) for 1964 and Subsequent Wheat Crops. See 1963 Amendment note above. Subsec. (i). Pub. L. 87–703, § 313(4), added subsec. (i). Former subsec. (i) redesignated (h). 1961—Subsec. (c). Pub. L. 87–128, § 121, designated ex- isting provisions as par. (1) and added par. (2). Subsec. (e). Pub. L. 87–128, § 125, authorized the Sec- retary to increase durum wheat acreage allotment dur- ing 1962, 1963, and 1964 crops of wheat when he deter- mines that acreage allotments established for durum wheat farms will be inadequate to produce a sufficient quantity of durum wheat to meet demand therefor, not including export demand involving a subsidy by or loss to the Federal Government, by such percentage factor as is determined to be necessary to provide for the in- crease in quantity the increase not to exceed the crop- land on the farm well suited to wheat and to be condi- tioned upon the production of an acreage of durum wheat (class II) at least equal to the average acreage of such wheat produced during prescribed two-year period plus the number of acres by which the allotment is in- creased, provided that any farm receiving an increased durum wheat allotment shall not be required as a con- dition of price support, or permitted, to participate in the special 1962 wheat diversion program, and required the Secretary to become familiar with the views and recommendations of durum wheat grower and millers and manufacturers of semolina products prior to mak- ing any determinations. Former provisions of the sub- section related to increase in allotment for durum wheat farms for 1957 crop of wheat, conditioned upon the production of durum wheat (class II) on the in- creased acreage and determined by adding to the allot- ment established without regard to subsec. (e) an acre- age equal to the acreage by which the original allot- ment exceeded the 1957 acreage on the farm of classes of wheat other than durum wheat (class II), but not ex- ceeding the smaller of the cropland on the farm well suited to wheat or the wheat acreage on the farm. Subsec. (i). Pub. L. 87–357 substituted ‘‘1958 through 1963’’ for ‘‘1958 through 1961’’, and excluded from any general reduction in farm acreage allotments or farm acreage diversion program for the 1962 or 1963 wheat crop, the farms for which acreage allotments are in- creased under the provisions hereof, unless such reduc- tion is specifically made applicable. 1960—Subsec. (d). Pub. L. 86–419 added subsec. (d). Subsec. (i). Pub. L. 86–385 substituted ‘‘1958 through 1961’’ for ‘‘1958 and 1959’’. 1958—Subsec. (a). Pub. L. 85–366, § 1(1), inserted pro- viso that in establishing State acreage allotments acre- age seeded plus acreage diverted for 1959 and subse- quent years for farm on which entire marketing excess is delivered to Secretary or stored to avoid penalty shall be base acreage determined for farm by Sec- retary’s regulations for such year, but if such stored wheat is subsequently depleted, resulting in penalty, farm’s seeded plus diverted acreage for year excess was produced shall be reduced to acreage allotment for such year. Subsec. (b). Pub. L. 85–366, § 1(2), inserted proviso that in establishing county acreage allotments acreage seeded plus acreage diverted for 1959 and subsequent Page 629 TITLE 7—AGRICULTURE § 1334 years for farm on which entire marketing excess is de- livered to Secretary or stored to avoid penalty shall be base acreage determined for farm by Secretary’s regu- lations for such year, but if such stored wheat is subse- quently depleted, resulting in penalty, farm’s seeded plus diverted acreage for year excess was produced shall be reduced to acreage for such year. Subsec. (c). Pub. L. 85–366, § 1(3), inserted sentence re- lating to establishment of farm acreage allotment for 1958 and past acreage for 1959 and subsequent years, with the proviso that for 1959 and subsequent years, any farm on which entire marketing excess is delivered to Secretary or stored to avoid penalty, the past acre- age for the year of delivery or storage shall be the base acreage determined for farm by Secretary’s regulations for such year, but if such stored wheat is subsequently depleted, resulting in penalty, past acreage of wheat for year excess was produced shall be reduced to farm al- lotment for such year. Subsec. (d). Act Feb. 16, 1938, § 378(d), as added by Pub. L. 85–835, repealed subsec. (d) which related to adjust- ment of allotment upon acquisition of part of farms by United States for defense. Subsec. (h). Pub. L. 85–366, § 1(4), substituted ‘‘future State and county acreage allotments except as pre- scribed in the provisos to the first sentence of sub- sections (a) and (b), respectively, of this section’’ for ‘‘future State, county, and farm acreage allotments’’. Subsec. (i). Pub. L. 85–390 added subsec. (i). 1957—Subsec. (e). Pub. L. 85–13 substituted ‘‘1957’’ for ‘‘1956’’ in two places, substituted ‘‘1952 through 1956’’ for ‘‘1951 through 1955’’, prohibited increase of acreage allotment under subsec. (e) by more than 60 acres, in- serted clause providing for fixing ‘‘farm acreage allot- ment’’ as allotment established without regard to sub- sec. (e) and clause providing for counting each acre planted to durum wheat as one-half acre of wheat for application of section 1821(a)(1) of this title, and in- serted provision that ‘‘wheat acreage on the farm’’ in- cludes acreage in the wheat acreage report. Subsec. (h). Pub. L. 85–203 added subsec. (h). 1956—Subsec. (e). Act Mar. 16, 1956, extended in- creased durum allotment to the 1956 crop and to certain counties in California, shortened the production his- tory from 10 to 5 years and advanced it 1 year to in- clude 1955, and made increased durum allotment de- pendent upon reduced planting of other wheat. Subsec. (f). Act May 28, 1956, substituted ‘‘1955, 1956, or 1957’’ for ‘‘1955’’, in two places. Subsec. (g). Act Aug. 7, 1956, added subsec. (g). 1955—Subsec. (e). Act Feb. 19, 1955, removed for 1955, requirements restricting increased acreage allotments to producers who devote a normal share of their origi- nal allotment to durum and who have produced durum in 1 or more of the preceding 3 years. 1954—Subsec. (e). Act Jan. 30, 1954, added subsec. (e). Subsec. (f). Act Aug. 28, 1954, added subsec. (f). 1953—Subsec. (a). Act July 14, 1953, provided a reserve of up to 1 percent of the national acreage allotment for counties in which new areas have come into produc- tion. Subsec. (b). Act July 14, 1953, provided for a 3 percent reserve of State acreage allotments for new farms. Subsec. (c). Act July 14, 1953, recognized the use of past acreage as a factor in making farm allotments and placed the reserves for new farms on a State basis in- stead of a county basis. Subsec. (d). Act July 14, 1953, made the provision re- lating to farms acquired for national-defense purposes apply to farms acquired in 1950 or thereafter instead of 1940 or thereafter. 1942—Subsec. (d). Act Feb. 6, 1942, added subsec. (d). 1938—Subsec. (b). Act Apr. 7, 1938, struck out ‘‘net’’ before ‘‘acreage diverted’’ from parenthetical provision. Statutory Notes and Related Subsidiaries EFFECTIVE AND TERMINATION DATES OF 1985 AMENDMENT Pub. L. 99–198, title III, § 304, Dec. 23, 1985, 99 Stat. 1379, provided that the amendment made by that sec- tion is effective only for the 1987 through 1990 crops of wheat. EFFECTIVE DATE OF 1965 AMENDMENT Amendment by Pub. L. 89–321 effective beginning with crop planted for harvest in calendar year 1966, see section 501 of Pub. L. 89–321, set out as a note under sec- tion 1332 of this title. EFFECTIVE DATE OF 1962 AMENDMENT Amendment by section 313 of Pub. L. 87–703 effective only with respect to programs applicable to crops planted for harvest in calendar year 1964 or any subse- quent year and marketing years beginning in calendar year 1964, or any subsequent year, see section 323 of Pub. L. 87–703, set out as a note under section 1301 of this title. EFFECTIVE DATE OF 1956 AMENDMENT Act Aug. 7, 1956, ch. 1030, § 2, 70 Stat. 1117, provided that the amendment made by that act is effective be- ginning with the 1957 crop of wheat. EFFECTIVE DATE OF 1955 AMENDMENT Act Feb. 19, 1955, ch. 8, 69 Stat. 9, provided that the amendment made by that act is effective beginning with the 1955 crop of wheat. EFFECTIVE DATE OF 1953 AMENDMENT Act July 14, 1953, ch. 194, § 5, 67 Stat. 152, provided that: ‘‘Sections 1, 2, and 3 of this Act [amending this section and section 1340 of this title and repealing sec- tion 1339 of this title] shall become effective with re- spect to the 1954 and subsequent crops of wheat.’’ SAVINGS PROVISION Transfer or reassignment of allotment as remaining in effect and ineligibility of displaced farm owner for additional allotment notwithstanding repeal of subsec. (d), see note set out under section 1378 of this title. INAPPLICABILITY OF SECTION Section inapplicable to 2014 through 2018 crops of cov- ered commodities, cotton, and sugar and inapplicable to milk during period beginning Feb. 7, 2014, through Dec. 31, 2018, see section 9092(a)(1) of this title. Section inapplicable to 2008 through 2012 crops of cov- ered commodities, peanuts, and sugar and inapplicable to milk during period beginning June 18, 2008, through Dec. 31, 2012, see section 8782(a)(1) of this title. Section inapplicable to 2002 through 2007 crops of cov- ered commodities, peanuts, and sugar and inapplicable to milk during period beginning May 13, 2002, through Dec. 31, 2007, see section 7992(a)(1) of this title. Section inapplicable to 1996 through 2001 crops of loan commodities, peanuts, and sugar and inapplicable to milk during period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see section 7301(a)(1)(A) of this title. Section inapplicable to 1991 through 1995 crops of wheat, see section 303 of Pub. L. 101–624, set out as a note under section 1331 of this title. Section inapplicable to 1986 crop of wheat, see section 310(a) of Pub. L. 99–198, set out as a note under section 1332 of this title. Section inapplicable to 1982 through 1985 crops of wheat, see section 303 of Pub. L. 97–98, set out as a note under section 1331 of this title. Section inapplicable to 1978 through 1981 crops of wheat, see section 404 of Pub. L. 95–113, set out as a note under section 1331 of this title. Pub. L. 91–524, title IV, § 404(2), Nov. 30, 1970, 84 Stat. 1366, as amended by Pub. L. 93–86, § 1(11), Aug. 10, 1973, 87 Stat. 229, provided that this section is not applicable to 1972 through 1977 crops of wheat. FARM ACREAGE ALLOTMENTS FOR 1966 CROP OF WHEAT Pub. L. 89–321, title V, § 512, Nov. 3, 1965, 79 Stat. 1205, required the national, State, county, and farm acreage Page 630 TITLE 7—AGRICULTURE § 1334a allotments for the 1966 crop of wheat to be established in accordance with the provisions of law in effect prior to Nov. 3, 1965. 1963 DIVERTED WHEAT ACREAGE PROGRAM Pub. L. 87–703, title III, § 307, Sept. 27, 1962, 76 Stat. 615, provided that payments were authorized to be made in cash or wheat by the Commodity Credit Cor- poration to producers on any farm, except farms with new farm wheat allotments, if marketing quotas were in effect for the 1963 wheat crop, if they diverted cer- tain acreage from wheat production, and if they de- voted such acreage to conservation uses; that such acreage was to be in addition to acreage diverted to conservation uses for which payment was made under other federal programs although cost-sharing payments under the agricultural conservation program or the Great Plains program were not precluded; that advance payments up to fifty per cent could be made; that wheat stored to avoid a marketing quota penalty was not to be released for underplanting based on such di- verted acreage; that the Secretary could promulgate regulations; and that the Commodity Credit Corpora- tion could use its capital funds and assets to make pay- ments. APPLICABILITY OF 1963 DIVERTED WHEAT ACREAGE PROGRAM TO INCREASED ALLOTMENT FARMS Pub. L. 87–703, title III, § 308(b), Sept. 27, 1962, 76 Stat. 618, provided that the special wheat program formu- lated under section 307 of Pub. L. 87–703 [set out above] was not applicable to any farm receiving an additional acreage allotment for wheat in short supply under sec- tion 334(i) of the Agricultural Adjustment Act of 1938, as amended [subsec. (i) of this section]. 1962 DIVERTED WHEAT ACREAGE PROGRAM Pub. L. 87–128, title I, § 124, Aug. 8, 1961, 75 Stat. 297, as amended by Pub. L. 87–410, Mar. 3, 1962, 76 Stat. 19; Pub. L. 87–451, §§ 1–3, May 15, 1962, 76 Stat. 70, provided that producers on any farm, except farms with a new farm wheat allotment, were entitled to payments if marketing quotas were in effect for the 1962 wheat crop, if they diverted certain acreage from wheat pro- duction, and if such diverted acreage were devoted to conservation uses; that the payments were to be made by the Commodity Credit Corporation in cash or wheat and computed as therein provided; that additional acre- age could be diverted and payments made with respect thereto; that any diverted acreage was to be in addition to acreage diverted for conservation uses for which payment is made under any other federal program ex- cept that cost-sharing payments under the agricultural conservation program or the Great Plains program were not precluded; that advance payments up to 50 per cent could be made; that wheat stored to avoid a mar- keting quota penalty was not to be released for under- planting based on such diverted acreage; that the Sec- retary could promulgate regulations; and that the Commodity Credit Corporation could use its capital funds and assets to make payments. ACREAGE ALLOTMENT FOR 1954 CROP Act July 14, 1953, ch. 194, § 4(a), 67 Stat. 152, provided that the National acreage allotment for the 1954 crop of wheat shall not be less than sixty-two million acres. ACREAGE ALLOTMENT FOR 1950 CROP Act Aug. 29, 1949, ch. 518, § 5, 63 Stat. 677, provided that the farm acreage allotment of wheat for 1950 crop for any farm was not to be less than the larger of— (A) 50 per centum of— (1) the acreage on the farm seeded for the produc- tion of wheat in 1949, and (2) any other acreage seeded for the production of wheat in 1948 which was fallowed and from which no crop was harvested in the calendar year 1949, or (B) 50 per centum of— (1) the acreage on the farm seeded for the produc- tion of wheat in 1948, and (2) any other acreage seeded for the production of wheat in 1947 which was fallowed and from which no crop was harvested in the calendar year 1948, adjusted in the same ratio as the national average seedings for the production of wheat during the ten cal- endar years 1939–1948 (adjusted as provided by this chapter) bore to the national acreage allotment for wheat for the 1950 crop: Provided, That no acreage was to be included under (A) or (B) which the Secretary, by appropriate regulations, determined would become an undue erosion hazard under continued farming. To the extent that the allotment to any county was insuffi- cient to provide for such minimum farm allotments, the Secretary was to allot such county such additional acreage (which was to be in addition to the county, State, and national acreage allotments otherwise pro- vided for under the Agricultural Adjustment Act of 1938, as amended [this chapter]) as was necessary in order to provide for such minimum farm allotments. EMERGENCY FARM ACREAGE ALLOTMENT Act Feb. 28, 1945, ch. 15, 59 Stat. 9, provided for farm acreage allotment during national emergency pro- claimed by the President on Sept. 8, 1939, and May 27, 1941. Such emergencies terminated on July 25, 1947, by the provisions of Joint Res. July 25, 1947, ch. 327, § 3, 61 Stat. 451. § 1334a. Omitted Editorial Notes CODIFICATION Section, act Aug. 28, 1954, ch. 1041, title III, § 314, 68 Stat. 905, related to 1955 wheat acreage allotment in areas where a summer fallow crop rotation of wheat was a common practice. § 1334a–1. Summer fallow farms; upper limit on required set aside acreage for 1971 through 1977 wheat, feed grain, and cotton crops Notwithstanding any other provision of law, for the 1971 through 1977 crops of wheat, feed grains and cotton, if in any year at least 55 per centum of the cropland acreage on an estab- lished summer fallow farm is devoted to a sum- mer fallow use, no further acreage shall be re- quired to be set aside under the wheat, feed grain and cotton programs for such year. (Pub. L. 91–524, title IV, § 410, Nov. 30, 1970, 84 Stat. 1367; Pub. L. 93–86, § 1(17), Aug. 10, 1973, 87 Stat. 230.) Editorial Notes CODIFICATION Section was enacted as part of the Agricultural Act of 1970, and not as part of the Agricultural Adjustment Act of 1938 which comprises this chapter. AMENDMENTS 1973—Pub. L. 93–86 substituted ‘‘1971 through 1977’’ for ‘‘1971, 1972, and 1973’’. § 1334b. Designation of States outside commer- cial wheat-producing areas If the acreage allotment for any State for any crop of wheat is twenty-five thousand acres or less, the Secretary, in order to promote efficient administration of this chapter and the Agricul- tural Act of 1949 [7 U.S.C. 1421 et seq.], may des- ignate such State as outside the commercial wheat-producing area for the marketing year for such crop. If such State is so designated, acreage